Investigation report on the order of the documents of the first-instance civil and commercial case

Investigation report on the order of the documents of the first-instance civil and commercial case

Litigation documents are an important basis for the formation of litigation files. Whether the ordering of the litigation directly affects the filing and filing of litigation cases and the use of litigation files. The current ranking of materials in the first-instance civil and commercial case cases is based on the content of the intra-volume catalogue stipulated in the Civil First-instance "Arrangement of Litigation Documents" in the Supreme People's Court of 1991. With the formation of the civil trial pattern, the contents of the catalogue in the civil first-instance volume have shown some shortcomings. In order to further standardize the sorting of litigation documents and materials, and to facilitate the filing and archiving of litigation cases and the use of archives, the author through the relevant investigation and research, in view of the problems existing in the archiving of documents in the first-instance civil and commercial cases, and according to relevant laws and regulations, I have my own work experience, and I would like to make a glimpse of how to improve the content and order of the catalogue of the first-instance case of civil and commercial affairs.

First, the basic situation
1. Before the implementation of the "People's Court Litigation Documents Filing Archives", the ordering of the materials in the volume is arbitrary.
2. After the implementation of the "Archives Measures" to 1997, in accordance with the "Arrangement of Litigation Documents", civil and economic cases were sorted and archived according to the contents of the contents of the volume, and the materials in the volume were more orderly.
3. In 1998, began to explore the reform of civil economic trials. Civil and economic cases have increased the requirements for “party litigation”, “information for proof”, “information of rights and obligations of parties”, “notice of time limit for issuing evidence”, etc. In the "Archives", there is no material in the directory sorting in the volume, and the sorting contents of the catalog in the volume have not changed. The judges simply load the new materials into the volume or attach them.
4. In 2002, according to the "Several Provisions of the Supreme People's Court on Evidence of Civil Proceedings" and the relevant provisions of the Program Law, the "People's Court Civil Litigation Risk Prompt", "Party Delivery Address Confirmation Letter" and "Evidence Exchange Notice" were added. , "Conversion Program Notice", "Evidence Exchange Record", "Additional Party Notice", "Applicant's Appearance, Evidence Investigation and Approval", "Notice of Receiving Judgment Documents", etc. . In this regard, on the basis of not changing the ordering principle of the "Archives", the judges interspersed the new materials appearing according to the corresponding contents in the catalogue, but it is not standardized.
II. Outstanding problems in the sorting of documents in the volume The "Archives of Civil First Review" in the "Archives" and the current documents of the civil and commercial first-instance case papers are out of line and inconsistent, mainly in:
1. In the "Archives", there are quite a few contents in the "Civil First Review Volume Catalogue" that are not suitable for the needs of judicial reform and development. Before the formation of the large civil pattern, civil cases and economic cases belonged to different categories of cases. There were only 20 items in the civil volume, and 26 items in the economic volume. There were only 6 items in the same volume. There are 22 items. With the formation of the large civil pattern, economic cases and civil cases are collectively referred to as civil and commercial cases, and the catalogue content, whether 20 or 26, is not suitable for the archiving of current civil and commercial cases.
2. After the formation of the large civil pattern, the "Civil First Review Volume Catalogue" in the "Archives Measures" cannot reflect the new characteristics of the litigation documents in the first instance of civil and commercial cases. With the deepening of the reform of the trial mode, some new litigation documents have been added. For example, in addition to the original notice of accepting the case, there is a case review, trial process management information form, party litigation notice, and people's court civil affairs. Litigation risk warning letter, integrity supervision card, confirmation address of the address of the party; after the implementation of the "Evidence Regulations", the parties apply for the court to investigate and collect evidence, apply for witnesses to appear in court, etc. according to the "Evidence Regulations", and the materials that the court responds according to the application of the parties; After the application of the party, for cases with more evidence or complicated questions, the court shall conduct an evidence exchange record for the exchange of evidence before the trial; the notification of the conversion program and other related materials that are related to the case must be attached, but the catalogue in the volume There is no such content. Therefore, the in-volume catalogue urgently needs to add these new contents to reflect the new features of trial-style reform.
The ranking of litigation documents is not taken seriously. The author found that the judges paid insufficient attention to the sorting of litigation documents in the volume, did not consider the normative problems of sorting management of materials in the volume, the efficiency of sorting and binding, and the use of litigation files. The problem has caused the order of the documents in the current file binding to be arbitrarily large, and there is a disorderly and irregular phenomenon, which directly affects the quality and utilization efficiency of the archives.
After the formation of the non-uniform civil trial pattern, the new materials and new litigation documents appearing in the first-instance cases of civil and commercial affairs have adopted corresponding measures, but the practices are not uniform, mainly in:
1. Some are scattered in the directory of the volume. Although the material name is reflected in the volume catalog, the product is scattered and disorderly.
2. Some are placed in a similar position to the catalog in the volume, and the adjustments made are not complete. Although some new materials have been added, such as: “Documentation Review, Trial Process Management Information Form”, “Party Litigation Notice, People’s Court Civil Litigation Risk Prompt, Proof of Evidence, Integrity Supervision Card”, “Extended Certification Period, Investigation Collection” Evidence, evidence preservation, witness testimony, re-appraisal application and court notice or decision "has been revised in the "Civil First Review Volume", but it is not complete and the order is not uniform.
III. Suggestions for Reforming the Order of the First-instance Cases of Civil and Commercial Cases In order to standardize the sorting of litigation documents and better play the role of litigation files for trial work and other work services, the author has conducted investigations and studies, combined with relevant laws and regulations. The regulations and their own work experience, the following recommendations for the ranking of the catalogue in the papers of the first-instance litigation documents of civil and commercial cases:
The contents of the catalogue of the first-instance case of civil and commercial affairs The author believes that the contents of the first-instance case of civil and commercial cases should be retained except for the six items with the same content. The other available, different, and incomplete parts should be merged and modified according to the actual situation. In addition, the catalogue of the first-instance case of civil and commercial matters is further improved.
1. The “License Approval Form” was revised to “Registration and Trial Process Management Information Form” to comply with the provisions of the Supreme People's Court on the administration of judicial statistical information.
2. The “indictment or oral complaints” and the “indictment and subsidiary files” were merged into “claims and auxiliary files”. Because the change of the indictment to the complaint is in accordance with the provisions of the Civil Procedure Law and the general title of the party. In practice, some illiterate parties invite people to file complaints on their behalf and rarely verbally sue. Therefore, it is recommended to cancel the “oral complaints”.
3. The "Notice of Filing a Case" and the "Notice of Accepting Cases" are merged into a "Notice of Accepting Cases", and combined with new litigation materials added after the trial work reform, such as "Notes on litigation of litigants, risk warnings for civil litigation of people's courts" , the party's address confirmation letter, the notice of proof, the integrity supervision card, etc. When these new materials are filed, the court must serve the parties, inform them of the relevant provisions of the lawsuit, and need to attach the materials.
4. The “payment of legal fees or free procedures” and the “payment of legal fees and advance receipts” were merged into “reduction, exemption, application for legal fees, approval procedures and payment of legal fees receipts”. Because some cases have economic difficulties when they are suing, the examination and approval procedures for the reduction, exemption, and application of the court are required to be attached, and the original catalogue is simple in content, inconvenient in practice, and clear and clear after completion. Easy to operate.
5. The “receipt of the responding notice” and the “return of the indictment” shall be merged into the “Notice of Responding” and “Reply of the Reimbursement”, and at the same time, “copy of the complaint, the announcement of the summons and the basis for posting” and “People’s The court's civil litigation risk reminder, evidence issuing notice, integrity supervision card, etc., "the party's address confirmation letter", "additional party notice, third party participation in litigation application and approval" and so on. Because some litigation documents must be served on the defendant, and some cases are advertised in accordance with the law because the defendant’s whereabouts are unknown; some cases found that additional parties were needed during the trial; in some cases, a third person applied for participation in the lawsuit, or the court notified the third People participate in litigation. These litigation documents truly reflect the procedural issues of the case and must be attached.
6. "The original, defendant's litigation agent, legal representative's power of attorney, accreditation power of attorney and legal representative's identity certificate" and "the plaintiff, defendant, third party legal representative's identity certificate and power of attorney" were merged into " Original, defendant, third party litigation agent, legal representative identification and power of attorney." Because the column reflects the legal representative and legal representative of the parties, and should not be placed in the column, it should be cancelled.
7. The “original and defendant evidence” was revised to “evidence receipt, original, defendant and third party evidence”. Because some cases will have third-party evidence materials; the "Evidence Regulations" require the court to receive the evidence submitted by the parties, and should issue a receipt. Therefore, third-party evidence and evidence receipts should be added.
8. “Litigation Protection or Advance Payment Application and Court Determination” was amended to “Property preservation application, application for execution first, ruling and reconsideration documents, assistance execution notice and service receipt”. Because these materials are necessary for the court to take property preservation and first enforce the ruling, it should be reflected in the contents of the catalogue.
9. The “execution record of litigation preservation or advance payment” was revised to “materials such as execution of property preservation, prior execution of transcripts, assistance in execution notices and delivery of certificates”. Because these materials involve the enforcement of property by the court, the execution of the first execution and the legitimate interests of the parties, they must be reflected in the contents of the catalogue.
10. "Inquiry, investigation and evidence collection materials" and "inquiries, investigation transcripts and investigation and evidence collection materials" were merged into "inquiries, investigation transcripts and investigation and evidence collection materials", and at the same time increased "applicants to testify in court, apply for court investigation and collect evidence procedures and approval" ". Because, according to the "Evidence Regulations", the application for witnesses to testify in court, the application for the court to collect evidence and the approval of the court are new materials reflecting the emergence of the trial reform, in line with the relevant provisions of the code law on evidence, should be in the volume catalogue. Reflected in the content.
11. The “Mediation Record and Mediation Materials” was revised to “Evidence Exchange Record, Mediation Record, Conversion Program Notice and Delivery Reimbursement”. Because, after the implementation of the Evidence Regulations, the evidence exchange notice is an ordinary notice, not a necessary program, and may not be attached; and the evidence exchange record reflects the content of the trial reform and should be attached. There is a new situation in the case for the simple program. If you need to switch to the normal program, you need to use the conversion program notice. Therefore, it is more appropriate to put the conversion program notice after the evidence exchange.
12. The “Withdrawal of Attorney” was amended to “Application for Withdrawal of Appeals”, and at the same time, “the verbal ruling was allowed to withdraw the transcript, the notice of termination was terminated and the return of the certificate was served”. Because this modification complies with the provisions of the Civil Procedure Law.
13. The “Appraisal Power of Attorney and the Certificate of Appraisal” was revised to “Appraisal Application, Court Decision, External Authorization, Power of Attorney and Appraisal Conclusion”. Originally, there is no “application for appraisal, the court decided to entrust the appraisal situation list”. According to judicial practice, this content should be added; the appraisal of the appraisal conclusion complies with the provisions of the Civil Procedure Law and relevant judicial interpretation, and the “appraisal book” will be Amend to the conclusion of the identification is better.
14. The "Notice of Opening Court, Summons and Opening Ceremony" and the "Circular Notice, Summons, and Opening Ceremony Drafts" shall be merged into "Preparatory Court Transcripts, Notices of Court Opening, Subpoenas, Notices of Members of the Collegiate Bench and Delivery of Certificates, and Opening Ceremony Drafts", In order to comply with the provisions of the Civil Procedure Law.
15. The "Trial of Trial of Judgment" was revised to "Certificate of Trial, Proxy, and Witness's Testimony." Because the agent word is the statement made by the litigation agent in the court session; the witness testimony is the guarantee of the legal responsibility of the testimony of the facts of the case when the witness appears in court. Therefore, these litigation documents must be attached.
16. The "judgment, mediation, and ruling" of the first-instance summary program shall include the contents of the "judgment, mediation, and ruling original". The case of the ordinary program has a sub-volume, which has been bound into the sub-volume, and the original of the simple program. The content in the volume does not have this content, and the court also binds the attached volume. Because most civil and commercial first-instance cases are subject to the application of simplified procedures, it is more appropriate to add this content; the mediation, withdrawal of the lawsuit or the case of automatic resolution of the case can be used without a separate sub-volume. Because the mediation and withdrawal of the case is the true meaning of the parties, it can be made public, so the collegiate records of such cases can also be bound into the positive volume.
17. The "judgment, ruling, mediation service delivery certificate" and "delivery certificate" will be merged into "delivery of return and other delivery procedures." Because other materials in the lawsuit, such as entrusted delivery procedures, letters, envelopes, etc., should be arranged together with the delivery certificate for easy access.
18. The “Responsibility of the Responsibility Case Transfer Letter” and the “Responsibility Case Transfer Letter Stub” are used by the lower court to prepare for the protest case. The court has not attached the volume. Therefore, this content in the catalogue of the volume should be cancelled.
19. Retain the “Judicial Proposal”. Because the people's court found that the relevant unit had important problems in the trial of civil cases, it was necessary to submit written suggestions for solving the problem and improving the work to the unit or its superior leadership, and it should be retained.
20. The "documentation procedures", "execution procedures" and "documents for the processing of exhibits" are combined and revised into "documents for the handling and execution of documents". Because there will be some follow-up materials in individual cases after the first-instance case of civil and commercial affairs is filed. At this time, there should be a clear discharge position after the supplementary replenishment, which is convenient for inspection.
21. Cancel the "preparation form". The court originally requested that the "preparation form" be attached to the volume, and then consider its practical value. If it is not bound, the author proposes to cancel it.
The order in which the directories in the volume are arranged
1. The order of the contents of the catalogue in the volume The order of the litigation documents is based on the objective sequence of the litigation process to form the natural order of the clerical time, taking into account the organic links between the documents. Therefore, according to the above analysis, the author suggests that the order of the documents of the civil and commercial first-instance case lawsuits is as follows: the case review, the trial process management information table; the complaint and subsidiary files; the acceptance of the case notice, the people's court civil litigation risk reminder , the notice of proof, the integrity supervision card, etc. and the delivery of the return certificate, the confirmation of the address of the party; the reduction, exemption, application of the lawsuit fee, the examination and approval procedures and the receipt of the legal fee; the notice of responding, the civil litigation risk reminder of the people's court , the notice of proof, the integrity supervision card, etc. and the delivery of the return certificate, the copy of the complaint, the announcement of the summons and the basis of the posting, the address of the party, the reply, etc.; the reply and the attached file; the notice of the additional party, the third party to participate in the lawsuit And the original; the defendant, the third party litigation agent, the legal representative's identity certificate and power of attorney; the evidence receipt, the original, the defendant and the third party's evidence; the property preservation application, the first execution application and other materials, the hospital Rulings and reconsideration instruments, letters of assisting implementation and service receipts; Preservation, pre-executed transcripts, assistance in the execution of notifications and delivery of certificates, etc.; application for court investigation to collect evidence, application for witnesses to appear in court and testimony; inquiry, investigation transcripts and investigation and evidence collection materials; evidence exchange transcripts, mediation transcripts, conversion Program notice and service return certificate; withdrawal application form, oral ruling permission to withdraw the transcript, final notice of litigation and delivery of the return certificate; appraisal application, the court decided to entrust the appraisal situation form, appraisal power of attorney and appraisal conclusion; Notification, subpoena, notice of the collegial panel and delivery of the certificate, draft of the opening court; transcript of the trial trial, agent, witness testimony; summary procedure judgment, mediation, ruling original; judgment, mediation, ruling; mediation, withdrawal Co-authored transcripts; sentencing transcripts; delivery of reimbursement and other delivery procedures; judicial proposals; superior court retraction letter; superior court judgments, mediation, rulings; evidence processing and enforcement procedures, etc.;
2. For the order of transfer and retrial cases, for civil and commercial cases transferred by other courts and sent back by the higher courts, in the order of binding, the transfer letter, the transferred materials, and the rulings sent back to the retrial may be discharged. The column of "Complaints and Attached Files" can be used. This can not only solve the sorting problem of such materials, but also facilitate the convenience of file utilization.
In order to further standardize the court file work, the author initiated the research article, starting from the catalogue of the first-instance case of civil and commercial matters, and conducted a targeted investigation and research on the contents of the “Civil First Review Volume”, and found common problems. In accordance with the provisions of relevant laws and regulations and its own trial work experience, the above suggestions are made on the ordering of catalogues in the papers of civil and commercial first-instance litigation documents. The purpose is to standardize the content and catalogue of the first-instance case of civil and commercial cases, and to facilitate the first instance of civil and commercial matters. The use of case binding archives and archives to better play the role of litigation files for trial work and other work services, standardize the court archives work, and promote the court's file management work to a higher level.

Attachment: The first-instance case of civil and commercial cases

Civil and commercial matters, first-instance case, file, litigation, document, material, order, sequence, serial, litigation, material name
1 filing review, trial process management information table
2 Complaints and attached files
3 Acceptance of the case notice, the civil litigation risk reminder of the people's court, the notice of proof, the integrity supervision card, etc. and the delivery of the return certificate, the confirmation of the address of the party's service
4 reduction, exemption, delay in filing legal fees, approval procedures and payment of legal fees receipts
5 Respond to the notice of appeal, the civil litigation risk reminder of the people's court, the notice of proof, the integrity supervision card, etc. and the delivery of the return certificate, the copy of the complaint, the announcement of the summons and the basis for the posting, the confirmation of the address of the party, etc.
6 reply and attached files
7 Additional party notice, third party participation in litigation application and approval
8 original, defendant, third party litigation agent, legal representative identification and power of attorney
9 evidence receipts, original, defendant and third party evidence
10 Property preservation application, application for execution first, ruling and reconsideration documents made by the court, assistance execution notice and service receipt
11 Execution of property preservation, prior execution of transcripts, assistance with enforcement notices and delivery of certificates and other materials
12 Applying for court investigation to collect evidence, applying for witnesses to appear in court and verifying
13 enquiries, survey transcripts and investigation and evidence collection materials
14 evidence exchange transcript, mediation transcript, conversion program notice and delivery certificate
15 withdrawal of the application, verbal ruling, dismissal of the transcript, termination of the notice of litigation and delivery of the return
16 Appraisal application, the court decided to entrust the appraisal situation form, the appraisal power of attorney and the appraisal conclusion
17 transcripts of the preparatory court, notice of opening court, summons, notice of members of the collegial panel and delivery of the return certificate
18 trial trial transcripts, agent words, witness testimony
19 simple procedure judgment, mediation book, ruling original
20 judgment, mediation, and ruling
21 mediation, withdrawal of the collusion transcript
22 pronounced transcripts
23 delivery of return and other delivery procedures
24 judicial proposals
25 superior court withdrawal letter
26 higher court judgment, mediation, ruling
27 exhibits processing and execution procedures, etc.
28 evidence bag